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The Commission on Human Rights, in resolution 2004/87, decided to designate, from within existing resources, for a period of one year, an independent expert to assist the High Commissioner for Human Rights in the fulfillment of the mandate described in the resolution and, “taking fully into account the study requested in General Assembly resolution 58/187, as well as the discussions in the Assembly and the views of States thereon, to submit a report, through the High Commissioner, to the Commission at its sixty-first session on ways and means of strengthening the promotion and protection of human rights and fundamental freedoms while countering terrorism”.

This report is submitted in accordance with resolution 2004/87. It builds and elaborates on the study of the High Commissioner (A/59/428) submitted to the fifty-ninth session of the General Assembly pursuant to Assembly resolution 58/187. The report identifies some key issues affecting the enjoyment of human rights in the struggle against terrorism that either have not been addressed or extensively developed by other mandate holders. The report then goes on to address how to strengthen the United Nations human rights mechanisms in protecting human rights and fundamental freedoms while countering terrorism. It acknowledges that significant steps have already been taken by the United Nations human rights system to address the protection and promotion of human rights in the struggle against terrorism. Nevertheless, the independent expert concludes that, given the gaps in coverage of the monitoring systems of the special procedures and treaty bodies and the pressing need to strengthen human rights protections while countering terrorism, the Commission should consider the creation of a special procedure with a multidimensional mandate to monitor States’ counter-terrorism measures and their compatibility with international human rights law.